of New Jersey
WHEREAS, the Legislature
has found and declared in P.L. 2001 c.246 that domestic preparedness is
essential to preventing and responding to the threat of terrorist attack;
WHEREAS, the World
Trade Center and Pentagon attacks and other significant events, both domestic
and foreign, have emphasized the State's compelling interest in developing
and maintaining a precisely coordinated counter-terrorism and preparedness
effort to enhance the public safety; and
WHEREAS, a uniform
and cooperative Statewide response is required to effectively ensure domestic
WHEREAS, the effectiveness
of law enforcement's counter-terrorism efforts will depend to a large
degree on its regular compilation of intelligence information regarding
terrorism activities; and
WHEREAS, a centralized
office to coordinate the State's counter-terrorism and preparedness efforts
is essential to provide for the public's safety and welfare;
I, James E. McGreevey, Governor of the State of New Jersey, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT that:
The Office of
Counter-Terrorism (OCT) is created and empowered to administer, coordinate
and lead New Jersey's counter-terrorism and preparedness efforts with
the goals of identifying, deterring and detecting terrorist-related
activities, consistent with the New Jersey Domestic Security Preparedness
To ensure the
effective deployment of criminal law enforcement resources and the
appropriate use of law enforcement powers to counter the threat of
terrorism, the OCT shall be organized as a separate office within
the Department of Law and Public Safety, with all of the powers conferred
by law to the Department, including the powers conferred by the Criminal
Justice Act of 1970, P.L. 1970 c.74, as amended by P.L. 1981 c.1987,
in addition to the powers and duties set forth below.
The OCT shall
be led by an Assistant Attorney General for Counter-Terrorism, who
will direct and supervise the work of the OCT, and who shall report
directly to the Attorney General or his designee, and to the Governor
or his designee, as appropriate.
Attorney General for Counter-Terrorism and the OCT shall, with the
approval of the Attorney General, and in consultation with the Department
of Personnel and the Director of the Office of Management and Budget,
utilize and employ all such personnel as are necessary to carry out
the duties of OCT.
In regard to
counter-terrorism activities, in order to secure the benefits of a
uniform and efficient enforcement of the law and to protect the public
safety, the Assistant Attorney General for Counter-Terrorism, through
the OCT, shall coordinate the efforts of State and local law enforcement
on behalf of the Attorney General, and shall serve as a liaison with
federal authorities concerning counter-terrorism issues.
The OCT shall
be authorized to call upon the expertise and assistance of all State
departments, divisions and agencies in order to carry out its mission,
and in particular, shall be authorized to call upon personnel of the
Office of Information Technology in but not of the Department of the
Treasury, the Computer and Technology Crimes and Money Laundering
Units of the Division of Criminal Justice, and the High Tech Crime
Unit within the Division of State Police for this purpose. Each department,
division and agency of this State is hereby required, to the extent
not inconsistent with law, to cooperate with the Attorney General
and provide such assistance to the OCT as is necessary to accomplish
the purpose of this Order.
To the extent
not inconsistent with any other law, the OCT may, with the approval
of the Attorney General, employ, consult and contract with private
and public entities, and enter into such agreements with any public
or private person or entity as is appropriate for the purposes of
furthering the mission of the OCT, including but not limited to consulting
with experts from any State college or university.
The OCT is authorized
to draw on the assistance of any county or municipal governmental
agency, or any independent authority, for the purposes of carrying
out its duties and responsibilities under this Order.
In order to optimize
the State's intelligence gathering and analysis capabilities regarding
terrorist activities, the OCT shall develop and maintain a databank
of information regarding terrorists and terrorist-related activities.
To compile such
a databank, the OCT is empowered to access all appropriate information
in the possession of State departments, divisions and agencies and
State and local law enforcement agencies, including but not limited
to individual and compiled criminal and intelligence case files and
information obtained or maintained by the Division of State Police
in the Department of Law and Public Safety.
The OCT also
shall seek relevant counter-terrorism intelligence information from
all other appropriate sources, including the private sector and private
individuals, and shall develop appropriate cooperative relationships
with private industry, utility companies and other entities which
may be potential targets of terrorism.
materials and information pertaining to counter-terrorism investigation,
intelligence, training and protocols created, compiled, obtained or
maintained by the OCT shall be deemed to be confidential, non-public
and not subject to the Open Public Records Act, P.L. 1963, C. 73,
as amended and supplemented.
To maximize State
intelligence capabilities, the OCT shall develop and administer training
programs for both law enforcement and non-law enforcement entities
on counter-terrorism and intelligence gathering and analysis on a
Statewide basis, and all State departments, divisions, facilities
and agencies shall provide appropriate assistance to the OCT in regard
to such training programs.
The OCT shall
review all State legislation regarding counter-terrorism and report
to the Attorney General and the Governor regarding such legislation,
as appropriate, and further, shall review existing laws and recommend
to the Attorney General and the Governor any appropriate modifications,
amendments or initiatives to support or enhance the State's counter-terrorism
and preparedness capabilities.
The OCT shall
seek out and monitor federal and State grant programs regarding counter-
terrorism; and further, shall identify and may participate in any
appropriate federal or multi-State law enforcement programs and efforts
that would support or compliment the OCT's efforts.
This ORDER shall
take effect immediately.
GIVEN, under my hand and seal this
24th Day of January in the Year of
Our Lord, Two Thousand Two, and of
the Independence of the United States,
the Two Hundred and Twenty-Sixth.
/s/ JAMES E. McGREEVEY
Paul A. Levinsohn
Chief Counsel to the Governor